26th Ordinary Session : Final Communique

Final
Communique of the 26th Ordinary Session of the African Commission on Human
and Peoples' Rights1. At the invitation of the Government of the Republic of Rwanda, the 26th
Ordinary Session of the African Commission on Human and Peoples’ Rights
was held in Kigali, Rwanda, from the 1st to the 15th of November 1999.

2. The opening ceremony was chaired by Commissioner Isaac Nguema, who represented
Commissioner Youssoupha Ndiaye, the outgoing Chairman of the Commission who
could not come.

3. The Session was opened by the Prime Minister of the Republic of Rwanda,
His Excellency Mr. Pierre Célestin Rwigema.

4. Speeches were also delivered by the following speakers:

Commissioner Isaac Nguema;

His Excellency Mr. Harry Olympio, the Togolese Minister for the Promotion
of Democracy and the Rule of Law, in his capacity as the representative of State delegates attending the ceremony;

Mr Bernard Muna, Deputy Prosecutor at the International Criminal Tribunal
for Rwanda, on behalf of Mr. Agwu Ukiwe Okali, United Nations Under-Secretary General and Registrar of the International Criminal Tribunal for Rwanda;

Mr. Abdou Essaied, Representative, on behalf of Mr. Michel Moussalli, the
Special Rapporteur of the United Nations Commission on Human Rights for Rwanda.

Mrs Tokumbo Ige of the International Commission of Jurists, on behalf of
the Non- Governmental Organisations;

5. The following Commissioners, who were elected during the 35th Session
of the General Assembly of Heads of State and Government, took the oath, in
accordance with Article 38 of the Charter :

Prof. Emmanuel Victor O. Dankwa (Ghana)

Mrs. Vera Mlanguzwa Chirwa (Malawi)

Mr. Andrew Ranganayi Chigovera (Zimbabwe)

Mrs. Jainaba Johm (Gambia)

Mrs Florence Butegwa (Uganda)

6. Prof. Emmanuel V.O. Dankwa and Mrs. Julienne Ondziel-Gnelenga were respectively
elected Chairman and Vice-Chairperson of the African Commission on Human and
Peoples’ Rights in accordance with Article 48 of the Charter and Rule
17 of the Rules of Procedure.

7. His Excellency Mr. Abdelaziz Bouteflika, the President of the Peoples’
Democratic Republic of Algeria, and also the current OAU Chairman, sent a
message of encouragement and support to the Commission for the smooth running
of the proceedings of the 26th Session and invited the Commission to hold
its 27th Ordinary Session in Algiers in April 2000.

8. The Commission heard statements made by State Delegates, representatives
of NGOs and of National Human Rights Institutions on the human rights situations
in various countries in Africa.

9. The Rwandese Minister for Justice, Mr. Jean de Dieu Mucyo, thanked the
Commission for having kindly responded to the invitation by the Rwandese Government.
He pointed out that the holding of the session in Kigali would enable the
International Community to appreciate the advances made by Rwanda in the areas
of the restoration of the rule of law and democratic principles. He also called
upon those Rwandese living in exile to return to Rwanda, in order to participate
in the reconstruction of the country. His Excellency Mr. Jean de Dieu Mucyo
also expressed the wish of his Government to benefit from the assistance of
the African Commission on Human and Peoples’ Rights in its efforts for
the promotion and protection of human rights.

10. Different NGOs expressed their concern about the human rights situations
prevailing in Sierra Leone, Liberia, Algeria, Chad, Sudan, Djibouti, Somalia,
Eritrea, Ethiopia, Uganda, Democratic Republic of Congo, Burundi, Congo Brazzaville,
Cameroon and Angola. Those violations mainly covered extra-judicial, summary
or arbitrary executions, inhuman conditions of imprisonment and detention,
massive displacement of populations, obstacles to the freedoms of expression,
movement and association and forced disappearances, the victims of which violations
were mainly women, children, people with disabilities and the aged in countries
undergoing armed conflicts.

11. The African Commission granted observer status to the Institute for Human
Rights and Development, an NGO based in Banjul, The Gambia.

12. With the exception of members participating in the session for the first
time, all the other members of the Commission presented their reports on activities
carried out during the intersession. The Special Rapporteur on the rights
of women in Africa, the Special Rapporteur on Extra-judicial, Summary or Arbitrary
executions and the Special Rapporteur on Prisons and conditions of detention
in Africa also presented their reports.

13. Mali presented its initial report, in accordance with Article 62 of the
Charter, while the examination of the initial report of Seychelles was deferred
to the 27th Ordinary Session. The Commission once again deplored the fact
that Seychelles had not sent any delegate to present its report.

14. The disturbing situation of refugees and displaced persons captured the
attention of the Commission. It held a working meeting with representative
of the office of the High Commission for Refugees based in Rwanda and a representative
of that institution from Geneva. It decided to initiate cooperation between
the High Commission for Refugees and the OAU refugee division.

15. The Commission noted that since the 25th session only the Gambia had ratified,
in addition to Senegal and Burkina Faso, the Additional Protocol to the African
Charter on Human and Peoples’ Rights on the establishment of an African
Court for Human and Peoples’ Rights. Consequently, the Commission decided
to continue its sensitisation campaign with a view to accelerating the ratification
of the said Protocol.

16. The Commission examined and adopted the draft protocol to the African
Charter on the rights of women in Africa. It decided to send the draft to
the OAU General Secretariat for appropriate action.

18. Apart from its sessions, the Commission visited the genocide site at Murambi,
in Gikongoro, as well as the burial ground of the victims of the University
of Butare. The Chairman of the African Commission laid a wreath in memory
of the victims of genocide and offered his most heartfelt condolences to the
bereaved families as well as to all the people of Rwanda.

19. During the closed sessions, the Commission was presented with 82 (eighty-two)
communications of which 77 (seventy seven) were examined.

20. The Commission adopted four resolutions, namely :

Resolution envisaging a Moratorium on Death Penalty;

Resolution on the Right to a Fair Trial;

Resolution on the 3Oth Anniversary of the OAU Convention governing specific
aspects of refugees;

22. The African Commission on Human and Peoples’ Rights expressed its
deep appreciation and communicated its best wishes to the Government of Rwanda
during the ongoing efforts for the restoration of peace and national reconciliation,
and for the reconstruction of the country.

23. Furthermore, the Commission thanked the Government of Rwanda for the warm
welcome and brotherly hospitality extended to it, which had contributed towards
the success of the Session.

24. The 27th Ordinary Session of the Commission will take place in Algiers,
Algeria, from 27th April to 11th May 2000.

25. The session was closed on 15th November 1999 by His Excellency Mr. Jean
de Dieu Mucyo, the Minister for Justice of the Republic of Rwanda.

26. After the closing ceremony, the Chairman of the Commission held a press
conference.